검사작성 피의자 신문조서의 증거능력

The interrogatory of a suspect written by the prosecutor is treated differently with that of the accused in the judge`s face by appending some conditions in admissibility of evidence, who was the same suspect. There are several opinions about the reason. Even someone insists that the interrogatory of a suspect written by the prosecutor is behind that of the accused in the judge`s face. But I can`t agree it because the prosecutor is not only a litigant party but also is in a public position proportionate to the judge in our criminal procedure system. In my esteem, it is due to the point that our trial system is the system lead by the judge, not by the prosecutor. It means that the doctrine of the focusing on the trial is one of the principles of criminal procedure code. But the doctrine of the focusing on the trial is not the final aim in the criminal procedure. It is what the truth is, our final aim in the criminal procedure. So the interrogatory of a suspect written by the prosecutor must be treated preferentially than the interrogatories of the suspect written by any other criminal investigators.